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1

RNI  No. MAHENG /2009/35528

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Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷÷xÉ +É±Éä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).

  In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in
English of the Maharashtra State Reservation (of seats for admission in educational institutions in the
State and for appointments in the public services and posts under the State) for Socially and Educationally
Backward Classes (SEBC) Act, 2018 (Mah. Act No. LXII of 2018), is hereby published under the authority
of the Governor.

By order and in the name of the Governor of Maharashtra,

RAJENDRA G. BHAGWAT,
Secretary (Legislation) to Government,
Law and Judiciary Department.

———————

MAHARASHTRA ACT No. LXII OF 2018.

[ First published, after having received the assent of the Governor in the “Maharashtra

Government Gazette”, on the 30th November 2018. ]

An Act to provide for reservation of seats for admission in educational
institutions in the State and for reservation of posts for appointments
in public services and posts under the State, to Socially and
Educationally  Backward  Classes  of  Citizens  (SEBC)  in  the
State of Maharashtra for their advancement and for matters
connected therewith or incidental thereto.

WHEREAS it is expedient to provide for reservation of seats for admission
in educational institutions in the State and for reservation of posts for appointments
in public services and posts under the State to Socially and Educationally Backward
Classes  of  Citizens  (SEBC) in  the  State  of  Maharashtra  for  their  advancement

¦ÉÉMÉ  +É`ö-162----1

(1)

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and for matters connected therewith or incidental thereto ; it is hereby enacted in
the Sixty-ninth Year of the Republic of India, as follows :—

Short  title
and
commencement.

1.

(1) This Act may be called the Maharashtra State Reservation (of seats
for admission in educational institutions in the State and for appointments in the
public services and posts under the State) for Socially and Educationally Backward
Classes  (SEBC) Act,  2018.

(2) It shall come into force on the date of publication of this Act in the Official

Gazette.

Definitions.

2.

(1) In this Act, unless the context otherwise requires,—

(a) “admission  authority”,  in  relation  to  admissions  to  educational
institutions,  means  the  authority  having  supervisory  and  controlling  powers
over  the  educational  institutions  responsible  for  admissions  to  particular
educational institutions ;

(b) “appointing authority”, in relation to public services and posts, means
the authority empowered to make appointment to such services and posts ;

(c) “Competent  Authority”  means  the  Competent  Authority  appointed

under section 6 ;

(d) “educational institutions” includes the educational institutions in the
State of Maharashtra owned and controlled by the Government, which receives
grant-in-aid  from  the  Government,  including  a  University  established  by  or
under the relevant Maharashtra Acts, including private educational institutions,
whether aided or un-aided by the State, other than the minority educational
institutions referred to in clause (1) of article 30 of the Constitution of India.

Explanation.—For  the  purposes  of  this  clause,  the  expression  “private
educational institutions” means institutions which have been given either prior to
coming into force of this Act or thereafter, aid in the form of Government land at
concessional rates or any other monetary concessions by the Government, or are
recognized, permitted, supervised or controlled by the Government ;

(e) “establishment”  means  any  office  of  the  Government  or  of  a  local
authority  or  statutory  authority  constituted  under  any  Act  of  the  State
Legislature  for  the  time  being  in  force,  or  a  University  or  a  Company  or  a
Corporation or a Co-operative Society in which share capital is held by the
Government or any Government aided institutions.

Explanation.—For the purposes of this clause, the expression “Government
aided institutions” shall also include institutions or industries which have been given
either  prior  to  coming  into  force  of  this  Act  or  thereafter,  aid  in  the  form  of
Government  land  at  concessional  rates  or  any  other  monetary  concessions  by
the  Government  or  is  recognized,  licensed,  supervised  or  controlled  by  the
Government ;

(f) “Government”  or  “State  Government”  means  the  Government  of

Maharashtra ;

(g) “prescribed” means prescribed by rules made under this Act ;

(h) “public  services  and  posts”  means  the  services  and  posts  in
connection with the affairs of the State and includes services and posts in,—

(i) a local authority ;

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, xÉÉä´½åþ¤É®ú 30, 2018/+OÉ½þÉªÉhÉ 9, ¶ÉEäò 1940

3

Mah.
XXIV of
1961.

1  of  1956.
18  of
2013.

(ii) a  co-operative  society  established  under  the  Maharashtra
Co-operative Societies Act, 1960, in which the Government is a share
holder ;

(iii) a Board or a Corporation or a statutory body established by or
under  a  Central  or  a  State  Act  which  is  owned  and  controlled  by  the
Government, or a Government company as defined in the Companies
Act, 1956 or the Companies Act, 2013 ;

(iv) an  educational  institution  owned  and  controlled  by  the
Government, which receives grant-in-aid from the Government including
a University established by or under a Maharashtra Act ; and

(v) any  other  establishment  in  respect  of  which  reservation  was
applicable by Government orders on the date of commencement of this
Act and which are not covered under sub-clauses (i) to  (iv) ;

(i) “reservation”  means  the  reservation  of  seats,  for  admission  in
educational institutions and of posts for appointments in the public services
and  posts  to  the  members  of  Socially  and  Educationaly  Backward  Classes
of Citizens (SEBC) in the State ;

(j) “Socially  and  Educationally  Backward  Classes  of  Citizens  (SEBC)”
includes the Maratha Community declared to be Educationallly and Socially
Backward  Category  (ESBC)in  pursuance  of  the  Maharashtra  State
Reservation (of seats for admission in educational institutions in the State and
for  appointments  or  posts  in  the  public  services  under  the  State)  for
Educationally and Socially Backward Category (ESBC) Act, 2014.

(2) The words and expressions used in this Act, but not defined, shall have
the same meanings respectively assigned to them in the Maharashtra State Public
Services (Reservation for Scheduled Castes, Scheduled Tribes, De-notified Tribes
(Vimukta Jatis), Nomadic Tribes, Special Backward Category and Other Backward
Classes) Act,  2001.

Mah. I of
2015.

Mah. VIII
of  2004.

3. (1) This Act shall apply to all the direct recruitments, appointments made

Applicability.

in public services and posts in the State except,—

(a) the  super  specialized  posts  in  Medical,  Technical  and  Educational

field ;

(b) the posts to be filled by transfer or deputation ;
(c) the  temporary  appointments  of  less  than  forty-five  days  duration ;

and

(d) the post which is single (isolated) in any cadre or grade.

(2) This Act shall also apply, for admission in educational institutions including
private educational institutions, whether aided or un-aided by the State, other than
the  minority  educational  institutions  referred  to  in  clause  (1) of  article  30  of  the
Constitution of India.

(3) The State Government shall, while entering into or renewing an agreement
with  any  educational  institution  or  any  establishment  for  the  grant  of  any  aid  as
provided  in  the  explanation  to  clauses  (d) and  (e) of  section  2,  respectively,
incorporate  a  condition  for  compliance  with  the  provisions  of  this  Act,  by  such
educational institution or establishment.

(4) For the removal of doubts it is herby declared that nothing in this Act shall
affect  the  reservation  provided  to  the  Other  Backward  Classes  under  the
Maharashtra State Public Services (Reservation for Scheduled Castes, Scheduled
Tribes,  De-notified  Tribes  (Vimukta  Jatis),  Nomadic  Tribes,  Special  Backward
Category  and  Other  Backward  Classes)  Act,  2001  and  the  Maharashtra  Private
Professional  Educational  Institutions  (Reservation  of  seats  for  admission  for
Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic
Tribes  and  Other  Backward  Classes)  Act,  2006.

Mah. VIII
of  2004.
Mah.
XXX of
2006.

¦ÉÉMÉ  +É`ö-162----1+

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Reservation  of
seats for
admission  in
educational
institutions,
appointments
in  public
services  and
posts  under
State for
Socially  and
Educationally
Backward
Classes
(SEBC).

Reservation
not to be
affected.

4.

(1) Notwithstanding anything contained in any judgment, decree or order

of any Court or other authority, and subject to the other provisions of this Act,-

(a) sixteen per cent. of the total seats in educational institutions including
private educational institutions, whether aided or un-aided by the State, other
than minority educational institutions referred to in clause (1) of article 30 of
the Constitution of India ; and

(b) sixteen  per  cent.  of  the  total  appointments  in  direct  recruitment  in

public services and posts under the State,
shall  be  separately  reserved  for  the  Socially  and  Educationally  Backward
Classes (SEBC) including the Maratha Community :

Provided that, the above reservation shall not be applicable to the posts
reserved in favour of the Scheduled Tribes candidates in the Scheduled Areas
of the State under the Fifth Schedule to the Constitution of India as per the
notification issued on the 9th June 2014 in this behalf.

(2) The  principle  of  Creamy  Layer  shall  be  applicable  for  the  purposes  of
reservation  to  the  Socially  and  Educationally  Backward  Classes  (SEBC) under
this  Act  and  reservation  under  this  Act  shall  be  available  only  to  those  persons
who are below Creamy Layer.

Explanation.—For the purposes of this sub-section, the expression “Creamy
Layer” means the person falling in the category of Creamy Layer as declared by
the  Government  in  the  Social  Justice  and  Special  Assistance  Department,  by
general or special orders issued in this behalf, from time to time.

5. Notwithstanding anything contained in section 4, the claims of students
or  members  belonging  to  Socially  and  Educationally  Backward  Classes
(SEBC) shall  also  be  considered  for  the  allotment  on  unreserved  seats  and
appointments  on  public  services  and  posts  which  shall  be  filled  on  the  basis  of
merit, and where a student or member belonging to such classes is selected on
the basis of merit, the number of seats and appointments reserved for the Socially
and Educationally Backward Classes (SEBC), shall not in any way be affected.

Competent
Authority.

6.

(1) The Government may, by notification in the Official Gazette, appoint
any officer not below the rank of District Social Welfare Officer to be the Competent
Authority  for  such  area  as  may  be  speified  in  such  notification  for  the  purposes
of carrying out the provisions of this Act and the rules made thereunder.

(2) The Competent Authority shall exercise such powers and perform such

functions as may be prescribed.

Carrying
forward  of
reserved
vacancies.

7.

(1) If  in  respect  of  any  recruitment  year,  any  vacancy  reserved  for
Socially and Educationally Backward Classes (SEBC) of persons remains unfilled,
such  vacancy  shall  be  carried  forward  up  to  five  years  in  case  of  direct
recruitment :

Provided that, on the date of commencement of this Act, if any Government
Order, Resolution, Circular and Office Memorandum regarding filling of posts is in
force then, the same shall continue to be in force unless modified or revoked by
the Government :

Provided  further  that,  if  the  sanctioned  posts  are  not  adequate  to  allocate
atleast one post for each reserved category, then the reserved post shall be filled
in by applying the principle of rotation in accordance with the Government roster
orders or rules as may be prescribed or modified in this behalf.

(2) When a vacancy is carried forward as provided in sub-section (1), it shall
not  be  counted  against  the  quota  of  the  vacancies  reserved  for  the  concerned
Classes of persons for the recruitment year to which it is carried forward :

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, xÉÉä´½åþ¤É®ú 30, 2018/+OÉ½þÉªÉhÉ 9, ¶ÉEäò 1940

5

Provided that, the appointing authority may, at any time, undertake a special
recruitment drive to fill up such unfilled vacancies and if such vacancies remain
unfilled even after such special recruitment drive then, it shall be filled up in the
manner prescribed by the Government.

8.

(1) The  Government  may,  by  order  in  writing,  entrust  upon  every
admission authority or appointing authority or any officer under such authority, with
the responsibility of ensuring the compliance with the provisions of this Act.

(2) The Government may, in the like manner, invest the admission authority
or appointing authority or officer with such powers or authority as may be necessary
for such authority or officer, to effectively discharge such duty assigned to such
authority or officer.

Responsibility
and  powers
for
compliance
of Act.

9.

(1) Any admission authority or appointing authority or officer or employee
entrusted with the duty or responsibility who wilfully acts in a manner intended to
contravene or defeat the purpose of this Act shall, on conviction, be punished with
imprisonment for a term which may extend to ninety days or fine which may extend
to five thousand rupees, or with both.

Penalty.

(2) No court shall take cognizance of an offence punishable under this section
except with the previous sanction of the Government or officer authorized in this
behalf by the Government.

10. When it comes to the notice of the Government or is brought to its notice
that  any  person  belonging  to  Socially  and  Educationally  Backward  Classes
(SEBC) is adversely affected, on account of non-compliance with the provisions
of this Act or the rules made thereunder or the Government orders issued in this
behalf,  by  any  admission  authority  or  appointing  authority,  it  may  call  for  such
records and pass such appropriate orders as it deems fit.

Power  to  call
for  records.

11. The  Government  may,  by  an  order,  provide  for  nomination  of  officers
belonging to Socially and Educationally Backward Classes (SEBC) in selections,
screening  and  Department  Committee  for  the  purpose  of  selecting  persons  for
appointment to public services and posts.

Representation
in  selection
Committee.

12. Any admissions or appointments made in contravention of the provisions

of this Act shall be void.

13. The Competent Authority appointed under section 6 shall be deemed to

be a public servant within the meaning of section 21 of the Indian Penal Code.

45  of
1860.

14. No  suit,  prosecution  or  other  legal  proceeding  shall  lie  against  the
Competent  Authority  or  its  officers,  for  anything  which  is  in  good  faith  done  or
intended to be done under this Act or the rules or orders made thereunder.

15.

(1) The State Government may, by notification in the Official Gazette,

make rules to carry out the purposes of this Act.

(2) Every rule made under this Act shall be laid, as soon as may be, after it
is made, before each House of the State Legislature, while it is in session for a
total  period  of  thirty  days,  which  may  be  comprised  in  one  session  or  in  two  or
more successive sessions, and if, before the expiry of the session in which it is
so  laid  or  the  session  immediately  following,  both  Houses  agree  in  making  any
modification in any rule or both Houses agree that the rule should not be made,
and notify their decision to that effect in the Official Gazette, the rule shall, from

Irregular
admissions  and
appointments
void.

Competent
Authority  to
be  public
servant.
Protection  of
action  taken
in  good  faith.

Power  to
make  rules.

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the  date  of  publication  of  notification  of  such  decision  have  effect  only  in  such
modified form or be of no effect, as the case may be ; so, however, that any such
modification  or  annulment  shall  be  without  prejudice  to  the  validity  of  anything
previously done or omitted to be done under that rule.

Savings.

16.

(1) The  provisions  of  this  Act  shall  not  apply  to  the  cases  in  which
selection process has already been initiated before the commencement of this Act,
and such cases shall be dealt with in accordance with the provisions of law and
the Government orders as they stood before such commencement.

Explanation.—For  the  purposes  of  this  section,  the  selection  process  shall

be deemed to have been initiated where, under the relevant service rules,—

(i) recruitment is to be made on the basis of written test or interview only,
and such written test or the interview, as the case may be, has started ; or

(ii) recruitment  is  to  be  made  on  the  basis  of  both,  written  test  and

interview and such written test has started.

(2) The  provisions  of  this  Act  shall  not  apply  to  admissions  in  educational
institutions and the cases in which the admission process has already been initiated
before  the  commencement  of  this  Act  and  such  cases  shall  be  dealt  with  in
accordance with the provisions of law and the Government orders, as they stood
before such commencement.

Explanation.—For the purposes of this section, the admission process shall

be deemed to have initiated where,—

(i) admission  is  to  be  made  on  the  basis  of  any  entrance  test,  and

procedure for such entrance test has started ; or

(ii) in case of admission to be made other than on the basis of entrance

test, the last date for filling up the application form is lapsed.

Power  to
remove
difficulty.

17.

(1) If  any  difficulty  arises  in  giving  effect  to  the  provisions  of  this  Act,
the  Government  may,  as  occasion  arises,  by  an  order  published  in  the  Official
Gazette, do anything not inconsistent with the provisions of this Act, which appears
to it to be necessary or expedient for the purpose of removing the difficulty :

Provided that, no such order shall be made after expiry of the period of two

years from the date of commencement of this Act.

(2) Every  order  made  under  sub-section  (1) shall  be  laid,  as  soon  as  may

be, after it is made, before each House of the State Legislature.

Repeal  and
savings.

18.

(1) On  the  commencement  of  this  Act,  the  Maharashtra  State
Reservation (of seats for admission in educational institutions in the State and for
appointments  or  posts  in  the  public  services  under  the  State) for  Educationally
and Socially Backward Category (ESBC) Act, 2014 shall stand repealed.

Mah. I
of 2015.

(2) The repeal of the said Act shall not affect,—

(i) anything done or any action taken or purported to have been done or
taken including any rule, notification, order, circular or direction issued under
the Act so repealed ; or

(ii) any appointment made, any selection process initiated, admissions
taken in any educational institutions, any right, privilege, obligation or liability
acquired, accrued or incurred under the Act so repealed ; or

(iii) any penalty, confiscation or punishment incurred in respect of any

contravention under the Act so repealed ; or

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, xÉÉä´½åþ¤É®ú 30, 2018/+OÉ½þÉªÉhÉ 9, ¶ÉEäò 1940

7

Mah. I of
2015.

(iv) any investigation, legal proceeding or remedy instituted before the
commencement of this Act may be continued or enforced as if this Act has
not been enacted.

(v) any  declaration  made  in  pursuance  of  the  provisions  of  the
Maharashtra  State  Reservation  (of  seats  for  admission  in  educational
institutions in the State and for appointments or posts in the public services
under the State) for Educationally and Socially Backward Category (ESBC)
Act, 2014 and such declaration shall continue to be in force as if it is made
under this Act.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY I/C DIRECTOR SHRI MANOHAR SHANKAR
GAIKWAD, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT
DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004.
EDITOR : I/C DIRECTOR SHRI MANOHAR SHANKAR GAIKWAD.

